I promised y'all a Wednesday update.....

There is enought bad information floating around that I will not spend time refuting it.

Dealing with LEGAL issues and FACTS that are being addressed in the courts this week.....

1. On Friday Jan 19, CORVA (and OHMVR Division) were served with a TRO to halt the CORVA event at Truckhaven.

2. On Monday Jan 22, Ecologic (David Hubbard) was served with notice to answer a potential "contempt of court" issue as CORVA did not cancel their event and remove event officials from the area.

A court date for that hearing has been set for Friday, Jan 26.

3. The TRO as filed on Jan 19 is focused on the "Freeman Properties" acquisition in Truckhaven area. At this point in time, it is focused on halting EVENTS. Individual use of the area under pre-existing use patterns has not been challenged.

4. Due to the above issues, the Tierra del Sol permit for Desert Safari at Truckhaven is in jeapordy. On Tuesday, Jan 23, TDS officials met to discuss a contingency plan.

5. I met with OHMVR officials today in Sacramento to discuss the TDS contingency plan.

6. The final decision of permit approval will be released on Sunday, Jan 28. That date is contingent upon TDS meeting some defined goals.

It has been a grueling few days. I am doing everything in my power to perserve recreation access to Truckhaven. TDS is doing everything they can to preserve Desert Safari.

Please note: THERE WILL BE CHANGES.

We are in it for the long term access to a great recreation opportunity.
There are expected to be some legal challenges as efforts move forward to develop the long-term management plan for recreation access to the Truckhaven area.

Your financial support will be necessary to preserve your recreation opportunity.

John, thanks for the update. Your efforts are always appreciated. I would like to highlight something John stated, this is what it boils down to.

"Your financial support will be necessary to preserve your recreation opportunity."

__________________

As of about noon, CORVA has been dropped from the lawsuit.

Their potential legal issue is resolved.

The TRO (against State Parks) is still on track to be heard on Friday, Jan 26.

We expect a confirmed answer on the TDS permit soon.

Well I would like to thank you for the update on theTDS runs, as it's 1 of my favorits with the So Cal Bronco bunch, and was looking forward to being there for the 5th year in a row, and ANY update would be appreciated


Thanks again,

Danny Bogner
Big Bear
So Cal Broncos

Update - Friday Jan 26....

CBD request for TRO was denied at a court hearing in Sacramento today.

INDIVIDUAL recreation use can continue at Truckhaven pending the outcome of a final hearing to be heard within the next 2 months.

EVENTS will not be permited in the Truckhaven area pending the outcome of the final hearing.

What this means....

Individuals can still use the trail system at Truckhaven. Events cannot use the trail system.

Tierra del Sol Desert Safari:

A special recreation permit for Desert Safari has been submitted and received conditional approval (solely within the boundaries of OWSVRA) as of Friday afternoon, Jan 26.

The permit application is required to be noticed to the public for 30 days. During that time, the public is allowed to submit compeling information as to while the event should not be allowed to continue.

Today's hearing was good news. It is not the end of the legal saga. CORVA was dropped as a party to the lawsuit. State Parks (OHMVR Division) is still party to the lawsuit.

An additional lawsuit has been filed. On Thurdsday, Jan 25, RECREATION interests filed suit against the OHMVR Commission for arbitrary and capricious actions.

Please note, legal action is expensive. Your support is important to ensure we have the funding to continue the fight.

http://www.signonsandiego.com/news/metro/20070126-1422-bn26offroad.html

By Mike Lee
UNION-TRIBUNE STAFF WRITER
2:22 p.m. January 26, 2007
Off-road enthusiasts maintained access to a hotly contested recreation site in Imperial County on Friday when a Superior Court judge denied a request by environmentalists to block all four-wheel drives from the area.
State response to environmentalists (PDF)
California Off-Road Vehicle Assoc. response (PDF)
The future of the land – known as both Truckhaven and the “desert Cahuilla property” – remains in legal limbo. Despite the judge's unwillingness to immediately bar off-roaders, the larger and unresolved case involves conservationists' allegations that state officials haven't done proper environmental reviews of the site. The California Department of Parks and Recreation recently acquired the Truckhaven land.

Friday's ruling slows the momentum for environmentalists, who were able to force the cancellation of a major off-road event at the same site last weekend. However, uncertainty about access to the area already has prompted organizers of one of the nation's largest off-road gatherings to move their March “safari” to a different location.

Disputes over off-roading have simmered for years in California, but the fight over Truckhaven marks an escalation of tensions. Off-roaders are furious about accusations that they skirted the law and conservationists are angry that the off-roaders are allegedly damaging natural resources, including habitat for endangered bighorn sheep.



“We can go forward with good land planning and work to preserve and protect special places within this acquisition at the same time,” said Roy Stearns, State Parks spokesman.
“We do not believe there will be any further harm to the environment beyond what has already occurred” from off-road vehicle use before State Parks purchase the land, he said.

I have spent almost two hours on the phone on two occasions with the reporter. I hope the printed version is more descriptive of the issues!!!!!

http://www.signonsandiego.com/news/metro/20070127-9999-7m27offroad.html

the article is a little longer today.

Judge bars foes' bid to block access to state-owned land

By Mike Lee
UNION-TRIBUNE STAFF WRITER
January 27, 2007

Off-road enthusiasts maintained access to a hotly contested recreation site in Imperial County yesterday, when a judge denied a request by environmentalists to immediately bar their vehicles from the area.


The future of the land – known as both Truckhaven and the “desert Cahuilla property” – remains in legal limbo.

The larger and unresolved case involves conservationists' allegations that California State Parks officials didn't do proper environmental reviews when they acquired about 4,000 acres of the site in September.

Yesterday's ruling by Superior Court Judge Gail D. Ohanesian in Sacramento slows the momentum for environmental groups, which were able to force the cancellation of a major off-road event at the same site last weekend.

However, uncertainty about access to the area has prompted organizers of one of the nation's largest off-road gatherings to move their March “safari” to a different location.



After the ruling, State Parks officials said they would continue to require permits for events on the property while they develop a land-use plan for it. A lawyer for the Center for Biological Diversity, one of the groups that sued, said that's a good step.
“What we are really seeking is interim protection of the resources,” said Lisa Belenky in San Francisco. “It's taken (State Parks) a very long time.”

David Hubbard, an attorney for the California Off-Road Vehicle Association in Escondido, said that he was heartened by yesterday's decision, but that “there is still work to be done” to maintain off-road access.

State Parks spokesman Roy Stearns also was pleased by the ruling.

“We can go forward with good land planning and work to preserve and protect special places within this acquisition at the same time,” he said. “We do not believe there will be any further harm to the environment beyond what has already occurred” before the state owned the land.

Disputes over off-roading have simmered for years in California, but the current fight marks an escalation of tensions.

The properties purchased by State Parks are part of a checkerboard ownership pattern in a much larger area. The State Lands Commission and the Anza-Borrego Foundation own parcels nearby.

Conservationists want the entire area added to the Anza-Borrego Desert State Park with the goal of protecting sheep habitat, palm oases and historical American Indian sites.

Off-roaders generally don't mind if sections of Truckhaven are off-limits, but they aim to keep riding trails that they say they have been using for decades. The area's terrain offers some of the most challenging four-wheel drives in California, they say.

The current uproar was sparked last week when the Center for Biological Diversity and the Desert Protective Council filed legal papers to stop the 12th annual Truckhaven Challenge.

In response, the California Off-Road Vehicle Association dropped its request for a permit and officially canceled its program.

David Hogan, San Diego-based conservation manager for the biological center, showed up at the site last Saturday and said he saw “the best-organized and best-attended so-called canceled event that I have ever witnessed.”

Hubbard responded in court papers that such accusations were “flat wrong.”

Regardless, the flare-up quickly worked in the environmentalists' favor. Tierra Del Sol, a large four-wheel-drive club in San Diego, has decided to move its annual March event from Truckhaven to the nearby Ocotillo Wells State Vehicular Recreation Area. Its Desert Safari attracted about 18,000 people last year.

“We are in this for long run, and we are willing to do what we can to support the continued existence of off-road recreation in that area,” said John Stewart, a consultant who works with off-road groups on resource issues. “If that means we have to wait until the state does . . . the environmental documentation, then fine.”

So, judging by reading that article, is it safe to say that TDS is officially moved to ocotillo wells? Got directions of where we are going to be there, exactly?
Scott

So, judging by reading that article, is it safe to say that TDS is officially moved to ocotillo wells? Got directions of where we are going to be there, exactly?
Scott

Headquarters will be just off Main St and Hwy 78. More info will be posted up on our website shortly. Any questions just let us know we will be more than glad to get the info for you.

Headquarters will be just off Main St and Hwy 78. More info will be posted up on our website shortly. Any questions just let us know we will be more than glad to get the info for you.

And can I ask where Main st is? :D

I went and looked at the "New" map even and its very blurry but still cant see a "main st"

SO will ALL the activities take place in OW or will there be use of the truckhaven area? I have never been to OW, what is the terrain like?
Ok few more questions if you , or anyone cares to answer...

So, RV's are welcome I take it to OW? Are there fee's? Will it be easy to find while driving there (Main St).

Fires? Are they ok? Designated areas only?? Or open?

I read theres a dump station there? Is there fee's for that?

I am sure I will have lots more, but dont know where to ask them?? TDS is only a month away and to have over 1500 rigs poss register (who knows now?) It sure seems to have a move of this magnitude they would have a area, or site or page dedicated to FAQ or such?

any updates on the runs

And can I ask where Main st is? :D

I went and looked at the "New" map even and its very blurry but still cant see a "main st"

SO will ALL the activities take place in OW or will there be use of the truckhaven area? I have never been to OW, what is the terrain like?
Ok few more questions if you , or anyone cares to answer...

So, RV's are welcome I take it to OW? Are there fee's? Will it be easy to find while driving there (Main St).

Fires? Are they ok? Designated areas only?? Or open?

I read theres a dump station there? Is there fee's for that?

I am sure I will have lots more, but dont know where to ask them?? TDS is only a month away and to have over 1500 rigs poss register (who knows now?) It sure seems to have a move of this magnitude they would have a area, or site or page dedicated to FAQ or such?



For a map, look here.
http://www.pirate4x4.com/forum/showpost.php?p=6413863&postcount=3
It shows "Main Street" clearly.

You can have a fire, but you must bring your own wood.
They are asking that you use existing fire rings, but there are LOTS of them.
There's plenty of room for motorhomes.
All offical trail runs WILL be inside Ocotillo Wells OHVA.
There is no fee to camp.
Don't know about the dump station.

thank you thats a start. Hope it turns out good like past years..

And can I ask where Main st is? :D

I went and looked at the "New" map even and its very blurry but still cant see a "main st"

SO will ALL the activities take place in OW or will there be use of the TruckHaven area? I have never been to OW, what is the terrain like?
Ok few more questions if you , or anyone cares to answer...

So, RV's are welcome I take it to OW? Are there fee's? Will it be easy to find while driving there (Main St).

Fires? Are they ok? Designated areas only?? Or open?

I read theres a dump station there? Is there fee's for that?

I am sure I will have lots more, but dont know where to ask them?? TDS is only a month away and to have over 1500 rigs poss register (who knows now?) It sure seems to have a move of this magnitude they would have a area, or site or page dedicated to FAQ or such?

Main St. is easy to find. It's right off Hwy 78 as you come into the Ocotillo Wells SVRA.

Fires are ok, but fireworks are NOT. Fires are permitted just about anywhere in the camping areas, but I'm pretty sure they require you to build or use a fire ring. There will be a significant police presence there as well, MUCH more intrusive than Truckhaven, although last year it was pretty intense even there.

RV's are welcome, but it's harder to find space and the camping areas will be MUCH more crowded, since you will also be competing for space with the Dirt Bike/Quad crowd, which is usually quite large. There are no fees for camping, but if you want a good camping spot, I highly recommend getting out there as early as possible. Wednesday should do it.

The dump station is by the ranger station, and costs $3 (or at least, that's what it cost the last time I was there with the RV a couple years ago).

but if you want a good camping spot, I highly recommend getting out there as early as possible. Wednesday should do it.
.

DAYM! Wed. its that small?
* wondering what the poss of camping as an Individual at the old site on TH and then just cruising over for the raffle. And enjoying the trenched/crevases of TH at night still.. Umm...How far apart is the old camping area of TH and the new one?

DAYM! Wed. its that small?
* wondering what the poss of camping as an Individual at the old site on TH and then just cruising over for the raffle. And enjoying the trenched/crevases of TH at night still.. Umm...How far apart is the old camping area of TH and the new one?

It's not small at all, but the camping is way more spread out, and there will be a lot more people than just for the event.

Truckhaven is about 30 minutes across desert wash from Main Street. It's a rough ride for sure. I know a lot of people who are planning on camping in Truckhaven and then coming out for the raffle on Saturday night.

Main Street is about 1 mile east of the OWSRVA Ranger Station. It will be easy to find as it is right off the north side of Highway 78.

ALL Desert Safari organized activities will be within the boundary of the OWSVRA. Hosting events at Truckhaven would be asking for another lawsuite.

There is a varied terrain at OWSVRA with some quality rock crawling areas. The trails currently planned have been used by other 4x4 events in the past.

There is plenty of space for motorhome. It is actually more motorhome/trailer friendly than Truckhaven.

Fires are permitted. There should be enough existing fire rings. However, as with other places, land mangers are beginning to limit ground fires. Use of a fire-tub is encouraged.

There is a dump station at the ranger station. I cannot answer about fee. I will try to get a confirmation on that question.

The move in location does not involve a significant change in or standard operations. We ahve had the ablility to use washes as traffic lanes. With a more level terrain in the headquarters area, we will need to place a few more deliniators to establish traffic lanes.

The question of run (or runs) is being resovled this week. Technical issues have delayed getting complete information onto our website. That should be resolved today.

Again, we are shifting location to preclude any further legal activity the would jepordize access to Truckhaven area. We recognize the importance of Truckhaven as an imortant part of recreation opportunity in the desert area. We are facing a range of issues in the area that are going to take time and money to resolve.

Speaking for TDS, we are encouraging everyone to come and show your support for recreation. All of the organized recreation groups (CA4WDC, UFWDA, CORVA, SDORC, BRC, and others) are involved with this issue.
We also have support of business organization (ORBA and SEMA). It is not just Truckhaven, it is Superstition Mountain, Johnson Valley, Callico, Stoddard Wells, Glamis, and the list goes on. It is not just a southern California issue. It is Arizona, Nevada, Michigan, Colorado, and the list goes on.

FYI - In the Ocotillo Wells OHVA there is a high presence of LEOs. There are also posted speed limits in some areas. This include aircraft. I would suggest watching the Rules & Regs as best you can, I would think that they will be very vigilant about maintaining order. Moreso than people may be used to in the Truckhaven area.

FYI - In the Ocotillo Wells OHVA there is a high presence of LEOs. There are also posted speed limits in some areas. This include aircraft. I would suggest watching the Rules & Regs as best you can, I would think that they will be very vigilant about maintaining order. Moreso than people may be used to in the Truckhaven area.

This is true. Ocotillo Wells doesn't have enough LEO's to cover such a large
event as TDS Safari so they will be bringing in State Park LEO's from outside
to help. Our club (TDS) will have be billed for that expense.

Just as a fyi of some of the post going on other links, remember CORVA is and will be at the Head of this fight, no sugar coating this is a fight and will need all the offraoders and organiaztions to step up and assist. We are working to keep Truckhaven open for ALL not just events!
For more info on the Court case, Truckhaven and CDS go to http://www.corva. org/Latest_ Issues/2007/ truckhaven/ Truckhaven2007re port.html


Terry Work
CORVA -California Off Road Vehicle Association
Vice President Sales & Marketing
4565 West Ave M-14
Quartz Hill, CA 93536
Phone:1-888- 42-corva box 513 - 1-661-722-3310 (home)
E-mail: terry@corva. org or tpwork@yahoo. com
www.corva.org




----- Original Message ----
From: Terry Work <tpwork@yahoo. com>
To: on-the-rocks@ yahoogroups. com
Sent: Sunday, January 28, 2007 9:31:34 AM
Subject: Re: [on-the-rocks] Re: Truckhaven update



everyone don't get too relaxed, this is just the begining and all the Off Road organizations will ned the help of clubs and off-roaders. this is going to effect TDS, but they are working hard on the arrangements.


Terry Work
CORVA -California Off Road Vehicle Association
Vice President Sales & Marketing
4565 West Ave M-14
Quartz Hill, CA 93536
Phone:1-888- 42-corva box 513 - 1-661-722-3310 (home)
E-mail: terry@corva. org or tpwork@yahoo. com
www.corva.org



Sent: Sunday, January 28, 2007 8:53:13 AM
Subject: [on-the-rocks] Re: Truckhaven update
---Wheew! Glad to see this go our way!
In on-the-rocks@ yahoogroups. com, "Rich Wohlers" <rfwohlers@. ..>
wrote:
> PRESS RELEASE

> EcoLogic Partners, Inc.
>
> SACRAMENTO – On Friday, January 26, 2007, Judge Gail Ohanesian of
the Sacramento County Superior Court denied a request by the Center for Biological Diversity (CBD) for a Temporary Restraining Order (TRO)
that would have shut-down the popular "Truckhaven" area to off-
highway vehicle use for the indefinite future.

CBD had sought the TRO claiming that the California Department of
Parks and Recreation had failed to comply with the California
Environmental Quality Act prior to allowing OHV activities at the
Truckhaven property, which State Parks acquired last summer. CBD
also alleged that State Parks had allowed the California Off-Road
Vehicle Association (CORVA) to hold an illegal OHV event last weekend
(January 20-21) at Truckhaven.
>
Both State Parks and CORVA submitted detailed briefs and other
evidence to the Court demonstrating that no legal violations took
place and requesting that CBD's request for a TRO be denied. The
Court was persuaded that no restraining order was necessary to protect
the resources at Truckhaven.
CORVA's legal counsel, David Hubbard of EcoLogic, said, "This is a
great victory for families who enjoy recreation in the southern
California desert. For the moment at least, we have preserved a
Truckhaven tradition that has been unbroken for more than 50 years."
>
The fight over Truckhaven is not over yet. Although its TRO request
was rejected, CBD still intends to pursue its overall CEQA lawsuit
against State Parks over Truckhaven. CORVA and other interested
parties will likely participate in the litigation.
For more information regarding this press release, contact David
Hubbbard at dph@... or (619) 992-3600.
(EcoLogic is a non-profit corporation committed to responsible
family recreation in the great American outdoors.)

What a mess...lets just keep on digging for help where we can find it.

Terry, I posted a call for help in Chit Chat. Here's the thread: http://www.pirate4x4.com/forum/showthread.php?t=549819
Everyone please click on that thread and bring it back to the top with a response...the more people view it, the more people that normally wouldn't open it, will open it just to see what others are saying.

Yes quite a mess indeed.Kathy Dolinar the head ranger at Ocotillo said that this is the most convoluted mess she has ever seen in her career with the state. CORVA membership is a good way to fight the battle.Everyone in TDS is a member. We also need your participation in Safari to help fund our fight for Truckhaven. Here is updated registration form. Thanks



http://tds4x4.com/iframes/safaripacket.htm

On a side note, be nice to those rangers...and spend money at the store down there. We need the locals to value us. God knows we've gotta buy more beer and junkfood than the brown rice eating, hippy, envirowackos!

I wasn't going to make TDS this year, but I'm going now come hell or high water...and I'm bringing the checkbook!

If everyone would add up what they spend on TDS Safari...Gas, registration, food and beverages, etc., and simply donate 10% of that back to the cause it would go a LONG LONG way.

On a side note, be nice to those rangers...and spend money at the store down there. We need the locals to value us. God knows we've gotta buy more beer and junkfood than the brown rice eating, hippy, envirowackos!

I wasn't going to make TDS this year, but I'm going now come hell or high water...and I'm bringing the checkbook!

If everyone would add up what they spend on TDS Safari...Gas, registration, food and beverages, etc., and simply donate 10% of that back to the cause it would go a LONG LONG way.

That's a good idea. Well do most of our shopping there this year, rather than cart if from home! Everything helps!

I am proud to say that http://www.ontherocks4x4.org/ has donated a check to CORVA for $500.00 for their legal fund! It would be sweet if other clubs can meet or beat it!:eek:

On a side note, be nice to those rangers...and spend money at the store down there. We need the locals to value us. God knows we've gotta buy more beer and junkfood than the brown rice eating, hippy, envirowackos!

I wasn't going to make TDS this year, but I'm going now come hell or high water...and I'm bringing the checkbook!

If everyone would add up what they spend on TDS Safari...Gas, registration, food and beverages, etc., and simply donate 10% of that back to the cause it would go a LONG LONG way.


The locals will appreciate your business. Desert Ironwoods is open til 10 PM Fri and Sat. Beer, ice, etc. The Ocotillo Volunteer Fire Dept will be having a breakfast on Sunday March 4th at their firehouse.

I haven't been to TDS in a while, and wasn't planning on going since I sold the truck, but I may just have to pay for the registration, or donate the registration fee for the cause.

This is going to be a real mess, and I worry that things are going to get alot worse before they get better. :(

The CORVA PayPal is having issues...people have reported that in the other thread. Any news on that?

Those interested in joining CORVA, come to Safari. They will have a booth at headquarters.

http://corva.org/Latest_Issues/2007/truckhaven/Battle%20for%20Truckhaven.htmlCORVA Truckhaven Update

This is posted on the CORVA website. I encourage everyone to check out their site and continue with the monetary support. It is the only way to fight.

Battle for Truckhaven Hills

Center for Biological Diversity/Desert Protective Council

File Lawsuit Against
the

California Off-Road Vehicle Association, Inc. ("CORVA") and State of California - Department of Parks and Recreation

Round One - An Enormous Win for CORVA and Southwestern OHV Recreationists

All too often, the pages of Off-Roaders In Action (“ORIA”), CORVA’s website, and other off-highway recreation publications are full of stories which depict the loss of yet another event and area to environmental extremist litigation.

In this instance, CORVA is proud to report that we went “toe to toe” with the Center for Biological Diversity (“CBD”) and we WON!

Although CORVA voluntarily cancelled the Truckhaven Challenge to pre-empt claims of environmental non-compliance, all is not lost. CORVA’s wonderful membership and others who would have otherwise supported the event – upon hearing about the CBD’s lawsuit against CORVA – “stepped-up” by sending donations and contributing to CORVA – like never before!

In an effort to provide an accurate account of the events of the past two weeks, the following is an official chronology of this issue, complete with links to pertinent websites and documents.

Background and Perspective

For over fifty (50) years, off-highway recreationists have visited and recreated in an area just west of the Salton Sea known as Truckhaven Hills. Once slated for development, this area has grown as a mecca for our recreation.

Circa 1964, the Tierra Del Sol Four Wheel Drive Club of San Diego began hosting the Desert Safari event in this desolate area consisting of dry mud hills. The event has been a successful gathering of 4-wheel drive enthusiasts for over 40 years.



For the past twelve (12) years, CORVA has provided an opportunity to participate in a family-oriented event known as the “Truckhaven Challenge”. What started out as a small group of 13 CORVA members hosting a “Poker Run” for off-highway recreationists – with only 17 additional participants -- has grown into an event that saw over 400 registered vehicles participating in the event in 2006. The event provides organized family off-roading fun with games along the course, a poker hand, prizes, a barbecue and t-shirts. The Truckhaven Challenge also became a significant source of donations for CORVA to assist in their legal challenges to keep public lands open for public uses. In 2006, the association generated $25,000 for CORVA’s Land Use Fund, a far cry from its first event.

The event not only provides for organized recreation, it is an introduction to new off-roaders about the organization’s goals to educate the off-roading community about safety, resource protection, erosion control, stay-on-trails ethics, trail etiquette, advocacy of public land access, and environmental policy.

This year’s event was to be conducted on Saturday, January 20 and Sunday, January 21, 2007.

The overall property ownership of the area (approximately 14,727 acres) is a checkerboard mix of private and state lands with two small parcels of federal public lands administered by the Bureau of Land Management. Approximately 4000 acres of private lands, known as the “Freeman Properties” were purchased by the California Department of Parks and Recreation Off-Highway Motor Vehicle Recreation Division (“OHMVR”) Trust Fund in 2006, at the request of CORVA and other off-road organizations to protect the historical recreational use by the off-roading community. The current State-owned lands (approximately 8,000 acres) are part of the State Trust Lands holdings under management control of the State Lands Commission. These State lands are outside the boundaries of Anza Borrego Desert State Park.[i]

Additionally, Ocotillo Wells State Vehicular Recreation Area (OWSVRA) is adjacent to the Truckhaven Hills area. Ocotillo Wells SVRA is paid for by registration money and gas taxes attributed to off-highway vehicles and administered by the California Department of Parks & Recreation OHMVR Division.

The 2007 “Challenge” is Challenged!

Events Leading up to the Decision to Cancel

Preparations for an event of this magnitude start a full year in advance. This year’s event, as in the past, was to be staged on private lands within the area with the trail crossing the now California Department of Parks and Recreation (DPR) owned land. The preparations for this year’s event were more difficult than before due to the acquisition of some of the private lands cited above. CORVA took all precautions to legally host the event by ordering an insurance policy, requesting a permit and agreeing to share proceeds with the State DPR.

On the Wednesday before this year’s event (January 17, 2007) the California State Lands Commission sent a letter to CORVA indicating that we were not “authorized” to cross public lands under the management of the State Lands Commission for this year’s Challenge. This authorization was previously approved by the State Lands Commission, when CORVA’s Event Chairman requested authorization, but was later revoked once the Center for Biodiversity clouded the issue with mistruths.

Late in the afternoon of the very next day, CORVA learned that the CBD intended to file suit against DPR and CORVA for failure of DPR to conduct the public planning process and Management Plan since the ownership change in July of 2006. Also, as part of its suit, CBD alleged the State had not considered the effects of this event on the Peninsular Big Horn Sheep and its Critical Habitat. In an effort to immediately prohibit this year’s event, CBD additionally requested a Temporary Restraining Order (“TRO”). This information prompted CORVA President Ed Waldheim to be in contact with CORVA’s legal counsel, Mr. David Hubbard.

After obtaining a copy of the suit on Thursday, January 18, 2007, Mr. Hubbard flew to Sacramento the very next day, to represent CORVA before Judge Gail Ohanesian of the Superior Court of California in the County of Sacramento. Upon researching and assessing the suit, Mr. Hubbard called Mr. Waldheim at approximately 2:15 p.m. and recommended that CORVA cancel this year’s event to avoid an adverse judicial ruling.

In the meantime, CORVA’s volunteers and most Board Members were at the Truckhaven site, some were present since Monday of that week, setting up the State-approved and permitted course with ribbon and stakes. Upon hearing of the suit, CORVA volunteers had been working with eight State Parks personnel including an archaeologist and a biologist to reroute the course away from Big Horn Sheep Critical Habitat, which was the reason for the complaint of the CBD. The reroute was complete on Friday afternoon one hour before Mr. Waldheim called to notify the CORVA Board Members enroute to the event that the event was cancelled.

Although a very difficult decision given the hard work and efforts of the volunteers who make this event a success, Mr. Waldheim, in an effort to protect the future interest of the membership of CORVA and OHV recreationists who visit this area, decided to have Mr. Hubbard notify the Court and all parties to this suit that CORVA officially was withdrawing its permit from State Parks for the event.

From that point in time and continuing throughout the weekend, volunteers of CORVA did everything possible to “unwind” all the hard work and effort, and inform as many attendees as possible that this year’s event was officially cancelled. Board members sent email notifications to all pre-registered participants, the webmaster posted a cancellation notice on the website (which was quoted in the San Diego Union Tribune), the course markings, ribbons and stakes were removed from the 21 mile course by a group of qualified volunteers, registration was cancelled, event signs were removed, and participants were notified at the event site of the cancelled event. In all, CORVA made every humanly-possible effort to comply with the spirit and intent provided to the Court as rational for not issuing the TRO.

And in doing so, CORVA believed that the issue was over for the time being and planned to involve themselves in the process of a Management Plan with the State for the area, and hopefully conduct a 2008 Truckhaven Challenge.

Then Things get Worse

The following Monday, after the event, CORVA’s attorney was notified that the Center for Biodiversity would be returning to Court with another TRO Motion. This one, however, not only sought to shut down all OHV use of Truckhaven, it also accused CORVA of going forward with the Truckhaven Challenge on January 20—21, despite telling the Court it was cancelled. In other words, CBD was alleging that CORVA lied to the judge. This is an extremely severe accusation.

The Court hearing on this new TRO was set for Friday, January 26. However, CORVA had to submit its legal briefs and evidence to the Court by Wednesday, January 24, at 12 noon.

CORVA went into defensive mode and had numerous key volunteers and Board Members file Declarations with the Court, explaining their personal experiences at the event. This masterful orchestration by Mr. Hubbard of obtaining Declarations to support CORVA’s legal brief was accomplished within 48 hours – not the usual 30 days. All of these legal documents were then submitted to the Court within the Wednesday deadline.

The Center for Biodiversity had intentions of “proving” that CORVA and State DPR continued with the event, against statements made in open court by CORVA’s attorney to the contrary at the previous hearing. CBD had even sent “spies” to take photographs of the “non-event” in hopes of persuading the judge that the Truckhaven Challenge had gone forward.

Then they get much better…

“Apparently, we struck a nerve with our court papers,” wrote CORVA’s attorney, Mr. Hubbard, in an email to Mr. Waldheim the next day at 10:45 a.m. “Just minutes ago, I received notice from CBD that it has dismissed CORVA from the lawsuit against State Parks. Apparently, CBD doesn't want us at the hearing so they've taken us out of the case.”

Perhaps the most satisfaction CORVA could have ever hoped for came from the Court itself. At the hearing on Friday, January 26, Judge Gail Ohanesian of the Sacramento County Superior Court denied the CBD’s request for a Temporary Restraining Order that would have shut-down the Truckhaven area to all off-highway vehicle use for the indefinite future.

Based on the briefs and declarations submitted by State Parks and CORVA, the Court was persuaded that (1) no violations of law took place, and (2) no restraining order was necessary to protect the resources at Truckhaven.

CORVA’s legal counsel, Mr. David Hubbard of EcoLogic, said, “This is a great victory for families who enjoy recreation in the southern California desert. For the moment at least, we have preserved a Truckhaven tradition that has been unbroken for more than 50 years.”

The fight over Truckhaven is not over yet. Although its TRO request was rejected, CBD still intends to pursue its overall CEQA lawsuit against State Parks over Truckhaven. CORVA and other interested parties will likely participate in the litigation.[ii]

According to Steve Kuehl, CORVA’s Immediate Past President, “Perhaps the most telling reason Judge Ohanesian denied the TRO was likely due to the outstanding legal brief submitted to the Court by CORVA’s attorney. In short, the Plaintiff (CBD) needs to demonstrate to the Court that they are likely to succeed in the lawsuit -- planned for a later date -- in order to persuade the Court to issue the Temporary Restraining Order.”

Contained in that Brief was the irrefutable fact that CBD blundered as this lawsuit was “time barred” (meaning the statue of limitations had run out) and they failed to provide “legal arguments”, but instead provided “policy arguments” in its Motion before the Court.

In the End, the Legal Process Worked

In the end, the legal process worked and justice prevailed. What started out as a serious threat to CORVA and its event, ended on a much more positive note.

Regarding the cancellation of the event, CORVA President Ed Waldheim said, “I am forever grateful to the volunteers who bucked-up and took control of the situation on-sight in my absence. Yes, there were many disappointed members and a few who were angry with the Center for Biodiversity for this action, but CORVA persevered and ‘Took the High Road’ as we always do. In the end, we prevailed and beat the Center for Biodiversity at their own game!”

CORVA will be celebrating this win at the upcoming Family Fun Day & Convention in California City, to be held near the Cal City MX Park (on 20 Mule Team Road and Chrysler St.) on March 30 to April 1, 2007. We will be hosting free events for all CORVA members! This will include all ages, skill levels and all vehicles with trophies galore!

Join the association today, make your generous donation to honor our win against CBD and to keep public lands open for future public use and come have fun with us in Cal City! See you there!

[i] Information courtesy of the Declaration of John Stewart, January 19, 2007 (CBD et.al v. DPR/CORVA – Case No. 07CS00077) Sacramento Superior Court [Hyperlinks and additional information added by CORVA]

[ii] Press Release by EcoLogic Partners (Dave Hubbard) January 26, 2007

I was truckhaven - found a bunch of new signs that I've never seen before.

Lots of areas 'closed for re-vegetation'. One sign that states street legal vehicles only (so, no green stickers?) Another sign that stated it was a 'State Wilderness Area' - with tire tracks behind.

What is going on?

I can't speak to the other signs, but I know the "street legal vehicles only" signs are posted where you enter Anza Borrego State Park from the SVRA.

I know where those signs are, they are near S22.

These signs are brand spanking new, and are in the wash around the 3rd ridgeline from Palm Wash. ie:

http://www.explorerforum.com/photopost/data/3578/medium/PlantRehabSign.jpg

Plus, they aren't connected - you go from "State Wilderness Area", to open, to "Street Legal Vehicles"/"Stay on road"/"Closed" back to open in the wash.

I didn't have a GPS with me, so I couldn't record the coordinates. Ah, now I remember where - we came down off the ridgetop with the Fireplug, heading north/west, and promptly ran into this.

Thanks for the info.

If you were heading southeast from the fireplug, you would be moving into a deset palm area.

Northwest is s different story.

I do need gps locations of the signs; especially the State Wilderness signs.

I'll see what I can dig up to help locate this..

I do know there is a wilderness area up in the mountains, but I didn't expect to run into a wilderness down in the washes.